FROM:
Planning Department
TITLE:
Title
Master Case No. 23-0110: Administrative Site Plan No. 23-043 and Conditional Use Permit No. 03-038-R3 - A request for the site and architectural review for a new 1,319 square foot enclosed patio addition, and an amendment to an existing CUP for the increase in floor area in an existing ABC licensed establishment, on an approximately 1.06 -acre site located at 9511 Sierra Avenue, pursuant to a Categorical Exemption in accordance with CEQA Guidelines Section 15301.
RECOMMENDATION:
Based on the information contained in this staff report and subject to the attached Findings and Conditions of Approval; staff recommends that the Planning Commission adopt Resolution No. PC 2024-___; and,
1. Determine that the project is categorically exempt pursuant to Section No. 15301 (Class No. 1 Existing Facilities), and Section No. 3.22 (Categorical Exemption) of the Local 2019 Guidelines for Implementing the CEQA, and direct staff to file a Notice of Exemption; and,
2. Approve Administrative Site Plan No. 23-043; and,
3. Approve Conditional Use Permit No. 03-038-R3.
APPLICANT:
Felipe Jimenez
9511 Sierra Avenue
Fontana, CA 92335
LOCATION:
9511 Sierra Avenue, (APN: 0194-111-06
REQUEST:
Administrative Site Plan No. 23-043 - A request for site and architectural review of a 1,319 square foot enclosed patio addition to an existing building and associated site improvements, on an approximately 1.06-acre lot.
Conditional Use Permit No. 03-038-R3 - A request for an amendment to an existing CUP to allow an increase in the floor area in an existing ABC licensed establishment.
PROJECT PLANNER:
Mai Thao, Assistant Planner
BACKGROUND INFORMATION:
Land Use Table:

PROJECT DESCRIPTION:
A. Site Area: 46,173 square feet (approximately 1.06 acres)
B. Patio Area Addition: 1,319 square feet
C. Parking: Required: 41 spaces
Provided: 62 spaces
Previous Approvals:
A. Conditional Use Permit No. 03-038 was approved by the Planning Commission on December 8, 2003, for the sale of alcohol with the transfer of an existing Type 41 (On-Sale Beer and Wine) Alcoholic Beverage Control (ABC) license for Jolly Farms Bar-B-Que restaurant.
B. Minor Use Permit No. 06-001 was approved by the Planning Commission on December 21, 2006, to transfer a Type 41 Alcoholic Beverage Control (ABC) license to Jolly Farms Bar-B-Que restaurant.
C. On July 8, 2010, Jolly Farms Bar-B-Que restaurant transferred their business license to Marisco’s El Paisa restaurant.
D. Conditional Use Permit No. 03-038R2 was approved by the Planning Commission on April 7, 2019, to upgrade its existing Alcoholic Beverage Control (ABC) Type 41 (On-Sale Beer and Wine-Eating Place) license to an Alcoholic Beverage Control (ABC) Type 47 (On-Sale General-Eating Place) license.
E. On August 6, 2019, Mariscos El Paisa restaurant transferred their business license to Marisco’s Jimenez.
ANALYSIS:
The applicant, Felipe Jimenez, is requesting that the Planning Commission review and approve Administrative Site Plan No. 23-043, for a 1,319 square foot enclosed patio addition to an existing building, with associated site improvements, and Conditional Use Permit No. 03-038-R3 for an amendment to an existing CUP for the increase in floor area in an ABC licensed establishment, on approximately 1.06 acres.
Administrative Site Plan No. 23-043:
The Project will construct a 1,319 square foot enclosed patio addition to an existing building and will include an update to the front entrance of the building with minor associated site improvements. The applicant is installing new landscaping along the rear property line and side property lines with a variety of trees and vegetation that will complement the existing landscaping and overall development. A new trash enclosure will be constructed and painted to match the existing building. Additional paving for parking will be provided in the rear for the development. The patio addition will feature stucco wall finish, exposed decorative rafters, and roof tiles to match existing building. The proposed color scheme will match the existing building color.
Conditional Use Permit No. 03-038-R3
The Project includes a request to allow an amendment to an existing CUP for the increase in floor area in an existing ABC licensed establishment as required per Zoning and Development Code Table No. 30-492 (c). There will be no changes to the existing ABC Type License that was previously approved and the additional service area is minimal.
Site Access/Circulation/Parking:
Access to and from the site is currently existing on Sierra Avenue, connecting the customers to the restaurant. Pursuant to Form Base Code development standards, the project requires 41 off-street parking for non-residential uses, and a total of 62 off-street parking is proposed. The Project design will incorporate safety measures for automobiles and pedestrians in the area by providing adequate lighting throughout the project site, natural surveillance from the open windows of the patio addition, new paving and striping to clearly identify parking spaces and drive aisles, and the continued proper maintenance and management of the property.
Environmental:
This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section No. 15301 (Class No. 1, Existing Facilities) of the CEQA Guidelines and Section No. 3.22 (Categorical Exemption) of the City of Fontana’s Local Guidelines for Implementing CEQA, as the project proposes a 1,319 square foot addition that will not result in an increase in more than 50 percent of the floor area of the existing 5,551 square foot structure. Furthermore, none of the exceptions in CEQA Guidelines section 15300.2 apply to the project.
MOTION:
Approve Staff’s recommendation
ATTACHMENTS:
1. Vicinity Map
2. Project Plan Set
3. Planning Commission Resolution, Findings, and Conditions of Approval
4. Notice of Exemption
5. Public Hearing Notice